Greenfield v. Tuccillo’s Empirical Analysis

Citation profile

13 federal appellate · 2 district · 11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The creditor had the burden of showing that his claims came within the exception of Section 17, subdivision 2, of the Bankruptcy Act, which would save it from the effect of a discharge. Yackel v. Nys, 258 App. Liv. 318, 321, 16 N.Y.S. 2d 545 ; Tompkins v. Williams, 137 App. Div. 521 , 522 , 122 N.Y.S. 152 , affirmed 206 N.Y. 744 , 100 N.E. 1134 . The dischargeability of the claim is not to be settled by the form of the complaint but resort may be had to the entire record to determine whether they fall within the exception. In re Hammond, 2 Cir., 98 F.2d 703 ; Bank of Williamsville v. Asherst Motor Sales, 234 App. Div. 261 , 263 , 254 N.Y.S. 825 ; Matter of Barbery v. Cohan, 183 App. Div. 424 , 427 , 170 N.Y.S. 762 . If the record does not disclose the nature of the claim it may be proved aliunde. Swig v. Tremont Trust Co., 1 Cir., 8 F.2d 943 , 945 ; Gleason v. Thaw, 3 Cir., 185 F. 345 , 347 , 34 L.R.A. (N.S.) 894; Bannon v. Knauss, 57 Ohio App. 288 , 13 N.E.2d 733 . Under the circumstances disclosed, we cannot say whether the claims might not be barred by a discharge. The solution depends on whether the story of the bankrupt that the injuries resulted from inadvertence and negligence without intentional wrong is true, or whether the objecting creditor's story that it resulted from a deliberate disregard of known duty is the correct version. We think the issues of fact should be tried out in the state court after the determination of the discharge and that until then the stay”

   2 later decisions quote this exact passage · from the majority
   e.g. Jaco v. Baker · Bice v. Jones

2. ““The question is whether the liability to Greenfield was for “willful and malicious” injuries. Such injuries have been defined by the Supreme Court as arising from an act involving a “willful disregard of what one knows to be his duty, an act which is against good morals and wrongful in and of itself, and which necessarily causes injury and is done intentionally.” Tinker v. Colwell, 193 U.S. 473, 487 [ 24 S.Ct. 505, 509 , 48 L.Ed. 754 ], 11 AM.B.R. 568. See, McIntyre v. Kavanaugh, 242 U.S. 138 [ 37 S.Ct. 38 , 61 L.Ed. 205 ], 38 AM.B.R. 165; Brown v. Garey, 28 AM. B.R. (N.S.) 270, 267 N.Y. 167, 169 [ 196 N.E. 12 ]....”

   1 later decision quote this exact passage · from the majority
   e.g. Rolland v. Johnson (In Re Johnson)